LYN
COMMUNITY DEVELOPMENT TRUST LTD
1.��������
Introduction
2.��������
Background to the Trust
3.��������
Timetable for the establishment of the Trust
4.��������
Objectives of the Trust
5.��������
Structure of the Trust
6.��������
The Beneficiaries
7.��������
The Activities of the Trust
8.��������
Running Costs and Funding
9.��������
Staff
LYN COMMUNITY DEVELOPMENT TRUST LTD
1.��������
Introduction
1.1������ These
proposals for a Lyn Community Development Trust Ltd should be viewed
very �� much as a
discussion document.� The
report sets out the possible:
�������
timetable
for the establishment of the Trust;
�������
broad
purposes of the Trust;
�������
area
of benefit and the beneficiaries;
�������
predicted
running costs;
�������
potential
sources of funding;
�������
underlying
issues relating to trusts.
2.�������� Background
to the Trust
2.1������ The
Development Trusts Association defines development trusts as, �enterprises
with social objectives which are engaged actively in the regeneration of
an area�.� ���� Sustainability, innovation and
entrepreneurial endeavour are key features of such enterprises.� All
share or aspire to a number of basic principles:
�������
they
are concerned with long term regeneration of an area in its widest sense
- with its economy, its environment, its facilities and services and the
�spirit� of its communities;
�������
they
seek to be financially self-sufficient and independent - not just
relying on grants;
�������
they
aim to create assets in the community and make a profit - but not for
private gain.� Any profit
made is re-invested in the community;
�������
they
are community based and accountable - in their work, their style and the
composition of their boards of management;
�������
they
are forming and working in partnerships between the community,
voluntary, private and public sectors.
2.2������ Sustainable
regeneration is the underpinning notion behind community development trusts:
�������
this
is all about working with communities (local people) to achieve lasting
and renewable approaches to enhance the quality of life (including
social, economic financial and environmental aspects).�
This should be viable after the end of the period of concentrated
regeneration effort
�������
�real�
ownership by the community is critical to this process; it will only
occur if local people are involved right from the start in the planning
process and are helped to feel comfortable and confident through
affective support mechanisms (the process of empowerment)
�������
a
key feature of the work of Lyn Community Development Trust will be
organic growth - at a pace that the community feels comfortable with
�������
partnerships
will reflect the breadth of the issues to be tackled
�������
�there must be a level of investment of financial and human resources
as well as time which are commensurate with the scale of the problems�� (Hart, (1997) p.9.)
�������
The
Community Development Trust will seek to realise it�s potential for
long-term survival, without requiring the continuing support of grant
aid regimes
�������
issues
of competitiveness and displacement between areas will also be seriously
considered.
2.3������ The
creation of the Lyn Community Development Trust has adhered to the above
principles.� It is a
means to progress the work of the Lynton and Lynmouth Regeneration
Partnership Group (established in 1996) and the Lynton and Lynmouth
Partnership Group (initiated by North Devon District Council in 1997).�
�������
2.4������ It
will provide strong community ownership of assets and issues, and
thereby act as an effective vehicle for promoting the development of the local
community.
2.5������ The
creation of a Development Trust has demonstrated North Devon District ���
Council�s strong commitment to the principle of subsidiarity
(public functions and �� services
handled at the lowest possible level), and the closely related principle
of getting �closer to the community�.�
It represents progression in the partnership process towards the active
policy of devolving power.
2.6������ The
creation of the Trust will provide greater potential for achieving
increased �� funding.�
We have already been successful in obtaining a LEADER grant to
establish the Trust legally, purchase necessary equipment, and pursue
registered charity status amongst other things.
2.7������ The
Trust has been established as a company limited by guarantee and will be
registered as a charitable trust.� It
could also have a trading arm, which will allow it to enter joint
venture arrangements with the private sector.�
The Trust could use surplus income from the activities of the
trading company to plough back into activities that benefit the local
community in accordance with the objectives and constitution of the
Trust.� There are tax advantages in this arrangement.�
The trading company will covenant income to the Trust.�
This will reduce its corporation tax liability. �
3. �������
Timetable for the establishment of the Trust
3.1������ An
essential preliminary step is to clearly identify the present
land/property ownership and leasing issues on the properties to form the
endowment.
�����������
Two lists are required:
1.
���� Income
generating properties (these need to be assigned to the trading arm).
2.����
Liability
properties (these will be assigned to the charitable trust).
3.2������ It
is necessary to determine the terms under which the properties will be
vested to the �� Trust (NB.� the
Trust will have much more flexibility for funding purposes if there are ���
freehold transfers).
3.3������ The
Lyn Community Development Trust was officially registered as a plc on
the 12th of April 1999.
3.4
���� ����The First Directors of the Trust
were, and remain:
Edward
Nightingale (Chairman), Malcolm Prowse, Jeremy Roberts, �Rev. Phillip Ringer, John Pedder,�
Colin Evans (Secretary)
4.� ������
Objectives of a Trust
4.1������ The
overall aim is to improve the vitality of life in Lynton and Lynmouth
and increase prosperity for the benefit of present and
future generations.
�����������
The objectives of the Trust, which have been incorporated in the
Memorandum of Association, are:
�������
to
preserve, protect, improve and enhance in any way for the benefit of the
local and visiting population the amenities including buildings or
features of historical architectural or natural and wildlife interest in
the Lyn area (�the area of benefit�);
�������
to
support and expand tourism and other businesses in the area of benefit;
�������
to
provide, in the interests of social welfare, facilities for recreation
or other leisure type occupation with the object of improving the
conditions of life of those living or working in the area of benefit?;
�������
to
present and promote traditional local skills, crafts and industries in
the area of benefit;
�������
to
have the power to acquire, hold and dispose of property in the area of
benefit;
�������
to
further any other charitable purpose or purposes for the benefit of
those living or working in the area of benefit;
�������
to
do from time to time all such acts and things as the Management
Committee may deem necessary or appropriate to further or supplement the
above objectives.
4.2������ It
is essential that all the local community are fully involved in the
planning, development and implementation of these objectives.�
The advantages of doing this are highlighted by the Development
Trusts Association as leading to:
�������
increased
relevance
�������
access
to energy and skills
�������
long
term success
�������
creation
of credibility
�������
removal
of barriers
�������
support
for change
�������
avoidance
of suspicion and cynicism
�������
sustainability
�������
reduction
in costs.
5.��������
Structure of a Trust
5.1������ To
obtain charitable status a� Trust
must remain non-party in politics and non-sectarian �
in religion.� It must
not discriminate on the grounds of race, sex, disability, religious or
political beliefs or other opinion (incorporated in the Memorandum of
Association).
5.2������ Other
key structural aspects of a Trust which are incorporated in the Articles
of Association and need to be considered are:
�������
Membership
should be open to individual members (over 18 living or work in the area
of the benefit) and Group Members.�
This means that the number of members is unlimited.
�������
The
detailed management structure both day to day and advisory should
represent a wide range of interests.
5.3������ The
Chairman of the Board has been elected from the directors, and has a casting vote only.
5.4������ Meetings
of the Management Committee will normally be open to anyone to attend.�
The
selection of representatives of individuals and Group Members will be by
ballot.
6.��������
The Beneficiaries
6.1������ The
beneficiaries will be anyone who works, lives and visits the Lyn area.
7.��������
The Activities of the Trust
7.1������ The
activities of the Trust will operate in accordance with its objectives.�
These are:
�������
to
promote the culture, education, environment and heritage of the local
community
�������
to
manage and develop amenities including buildings or features of
historical architectural or natural interest in Lynton and Lynmouth.
�������
to
support and expand tourism and other businesses
8.
�������������������
Staffing
8.1������ The
initial establishment of Lyn Community Development Trust has been
Facilitated by North Devon District Council in co-operation with the
local community.� To get the Trust up and running�
NDDC�s Lottery Officer has worked two days a week for the Trust
on issues relating to the Lyn Community.�
The Assistant Director Northern Rural has also contributed much
time to the project and has been working as the Company Secretary for
the Trust.� Whilst this
arrangement has been effective as a start procedure if the Trust is to
become truly effective as a vehicle for community regeneration the
involvement of district Council Officers must be reduced and management
of the Trust must be taken on by the community of Lynton and Lynmouth.�
This will inevitably require Lyn Community Development Trust to
employ officers of its own to make progress and steer the organisation
into the 21st Century.
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